Description: Filing for divorce without a lawyer in Florida? Avoid these 10 costly mistakes that derail DIY divorces. Expert guidance from 20+ years in Florida family law.
📣 Introduction
Filing for divorce without a lawyer in Florida can save you thousands of dollars, but one wrong form or missed deadline can derail your case and cost you even more in the long run. After helping hundreds of self-represented litigants navigate Florida's family court system, I've seen the same mistakes repeated over and over—and watched people pay dearly for them.
The good news? Most DIY divorce mistakes are completely avoidable when you know what to look for. Whether you're considering a simplified dissolution or a standard divorce, understanding these common pitfalls can mean the difference between a smooth process and a legal nightmare.
Mistake #1: Using the Wrong Divorce Forms
Florida has multiple types of divorce proceedings, and each requires different forms. The most common error I see is people downloading forms that don't match their situation.
The problem: Florida offers simplified dissolution, standard dissolution with children, standard dissolution without children, and uncontested dissolution. Each has specific form requirements under Florida Family Law Rules of Procedure. Using simplified dissolution forms when you have minor children, for example, will get your petition rejected immediately.
How to avoid it: Before downloading any forms, determine which type of divorce applies to your situation:
Simplified Dissolution (Florida Supreme Court Approved Family Law Form 12.901(a)): Only available if you have no minor children, no adoption pending, the wife is not pregnant, you've agreed on property division, neither party needs alimony, and both parties agree to the divorce
Standard Dissolution: Required in all other cases
The Florida Courts website provides approved forms, but understanding which forms you actually need—and in what order to file them—requires careful research or professional guidance.
Mistake #2: Incomplete or Incorrect Financial Affidavits
Florida Statute 61.30 requires both parties to file a Family Law Financial Affidavit in most divorce cases. This document is critical—it determines child support, alimony, and attorney's fees if applicable.
The problem: People routinely underestimate expenses, forget to list assets, or miscalculate income. I've seen cases where someone forgot to list their spouse's retirement account worth $200,000, or failed to include rental income, leading to unfair settlements or cases being sent back by the judge.
How to avoid it: Use Florida Family Law Form 12.902(b) for income under $50,000 or Form 12.902(c) for income over $50,000. Gather six months of documentation: pay stubs, bank statements, tax returns, mortgage statements, credit card bills, List ALL assets and debts, even if you think they're separate property. Include accurate monthly expenses—the court uses this to calculate support obligations
Have someone else review it before filing!
Mistake #3: Improper Service of Process
You can't just hand your spouse the divorce papers yourself. Florida law requires formal service of process, and doing it wrong can invalidate your entire case.
The problem: Florida Statute 48.031 specifies exactly how service must be accomplished. I've seen DIY filers try to serve papers themselves, have their teenage daughter serve them, or mail them directly to their spouse—all invalid. The case can't proceed until service is done correctly, wasting weeks or months.
How to avoid it: If your spouse cooperates: They can sign a Waiver of Service (Form 12.913(a))
If they don't cooperate: Hire a process server or have the sheriff serve them (costs $40-80)
Never attempt to serve papers yourself—it's not legally valid
Keep the proof of service filed with the court
Mistake #4: Missing Mandatory Disclosure Requirements
Florida Family Law Rule 12.285 requires both parties to exchange specific financial documents within 45 days of service. This isn't optional.
The problem: Many DIY filers don't know this rule exists. They file for divorce, serve their spouse, and then wonder why the case isn't moving forward. Without completing mandatory disclosure, the court cannot enter a final judgment.
Required documents include:
Federal and state income tax returns for the past 3 years
Pay stubs or other proof of income for the past 3 months
All statements from financial institutions for the past 3 months
All brokerage and retirement account statements
Credit card and loan statements
Life insurance policy declarations
Any other documents supporting your financial affidavit
How to avoid it: Create a checklist from Rule 12.285, gather everything, and file your Certificate of Compliance (Form 12.932) confirming you've exchanged these documents.
Mistake #5: Failing to Address Parenting Plans and Time-Sharing
If you have minor children, you must submit a detailed Parenting Plan (Form 12.995(a)) approved by the court. "We'll work it out" is not acceptable to a Florida family court judge.
The problem: Parents submit vague parenting plans like "Mother has custody and Father has reasonable visitation." Florida courts require specificity: which parent makes educational decisions? Healthcare decisions? What's the exact time-sharing schedule including holidays, summer vacation, and birthdays?
How to avoid it: Use Florida's Parenting Plan form which walks you through every required element
Be specific about time-sharing: "Father will have the children every other weekend from Friday at 6:00 PM until Sunday at 6:00 PM".
Address how you'll handle schedule changes
Include a holiday and summer vacation schedule
Specify who claims the children as tax dependents
Florida courts prefer 50/50 time-sharing when possible, so if you're proposing something different, be prepared to explain why it's in the children's best interest.
Mistake #6: Incorrect Child Support Calculations
Florida uses specific guidelines in Florida Statute 61.30 to calculate child support. It's not negotiable—even in an uncontested divorce, the court must ensure child support meets statutory guidelines.
The problem: DIY filers often guess at child support amounts, agree to amounts below guidelines without understanding they need to justify the deviation, or use outdated calculators that don't reflect current law.
How to avoid it: Use the official Florida Child Support Guidelines Worksheet
Include ALL sources of income for both parents
Factor in health insurance costs and daycare expenses
Understand that if you agree to an amount below guidelines, you must file a written finding justifying the deviation
Remember that child support is a right of the child—parents can't simply waive it
Mistake #7: Dividing Property Without Understanding Equitable Distribution
Florida is an "equitable distribution" state, not a community property state. This distinction matters.
The problem: Many people assume all assets get split 50/50. Florida law requires equitable (fair) distribution, which isn't always equal. DIY filers often fail to properly identify marital vs. non-marital property, don't account for contributions to marital assets, or forget to value property correctly.
Common errors:
Assuming the house goes to whoever's name is on the deed
Forgetting that retirement accounts accrued during marriage are marital property
Not considering that one spouse may have contributed to the other's education or career advancement
Failing to get professional valuations for businesses or real estate
How to avoid it: List every asset and debt acquired during the marriage. Get appraisals for significant assets. If you inherited property or owned it before marriage, keep clear documentation showing it's non-marital property. Consider consulting a Florida family law attorney for just an hour to review your proposed property division—it could save you tens of thousands.
Mistake #8: Not Understanding the 20-Day Rule
After your spouse is served, they have 20 days to file a response (Florida Family Law Rule 12.080). What happens next depends entirely on whether they respond.
The problem: DIY filers count days wrong (you don't count the day of service), don't know what to do if their spouse doesn't respond, or proceed incorrectly when they do respond.
How to avoid it: If spouse files a response: You now have a contested case and may need to attend mediation If spouse doesn't respond within 20 days: You can request a default, but you must still prove your case to the judge
Never assume you automatically win if your spouse doesn't respond—Florida courts still require you to meet all statutory requirements
Mistake #9: Skipping the Final Hearing (When Required)
Not all divorces require a final hearing, but simplified dissolutions always do, and standard dissolutions often do even when uncontested.
The problem: People prepare all their paperwork perfectly, then fail to properly notice a final hearing, don't bring required witnesses, or show up unprepared to testify.
How to avoid it:
Check your county's procedures for scheduling final hearings
Bring a witness who can corroborate your testimony (not a minor child)
Bring all original documents the judge might need to review
Prepare to answer questions about your financial affidavit, property division, and parenting plan under oath
Dress appropriately and address the judge respectfully
Mistake #10: DIY-ing a Case That Actually Needs an Attorney
The biggest mistake? Not recognizing when your case is too complex for DIY.
When you should hire an attorney:
Domestic violence is involved
Your spouse has hired an attorney
Significant assets or complex property division (business ownership, multiple properties, substantial retirement accounts)
Disputed custody or time-sharing
Your spouse is hiding assets
International custody issues
Special needs children requiring specific provisions
How Court Docs Can Help
Understanding these mistakes is one thing—avoiding them is another. That's where affordable document preparation services make all the difference.
At Court Docs, we help self-represented litigants navigate Florida's divorce system without the cost of traditional legal representation. We ensure your forms are correct, complete, and filed properly the first time. While we can't provide legal advice (you'll need a licensed attorney for that), we can prepare accurate documents based on the information you provide, potentially saving you thousands in attorney fees while avoiding costly mistakes.
Whether you're pursuing a simplified dissolution or a standard uncontested divorce, professional document preparation ensures you're starting on solid legal ground.
Ready to Move Forward?
Don't let fear of mistakes keep you trapped in an unhappy marriage—or worse, cause you to make errors that compromise your financial future and your children's wellbeing.
For more detailed guidance on every step of the Florida divorce process, check out our expansive eBook, The Complete Florida DIY Divorce Handbook (https://courtdocsfl.com/completefloridadiydivorcehandbook), which provides step-by-step instructions, form-by-form guidance, and insider tips from 20+ years of Florida family law experience.
Or, if you're ready to start your divorce with confidence, explore our affordable divorce services, which are tailored specifically for Florida self-represented litigants.
Your fresh start is closer than you think—you just need the right guidance to.
Court Docs is here to make your divorce easier, more affordable, and less stressful. Call us today at (239) 922-1LAW or visit www.CourtDocsFL.com to get started with a free no-obligation introduction call.